Under which section can a Hearing Officer act on representations against EPO?

Section 36 of the PERA Act 2024 provides an essential mechanism for fairness and accountability in the enforcement of Environmental Protection Orders (EPOs). When an EPO is issued under Section 35 by an Enforcement Officer (EO), the affected party has the right to file a representation challenging the order within the specified time frame, usually 15 days.

The Hearing Officer (HO) is the legally empowered authority to act on such representations. This ensures that enforcement actions are subject to administrative review and that individuals or organizations are not subjected to unfair or excessive measures. Upon receiving a representation, the Hearing Officer can:

1. 
   

   Review the merits of the complaint,

   
   


2. 
   

   Modify the EPO if certain directives are unreasonable or impractical,

   
   


3. 
   

   Cancel the EPO entirely if the complaint is found valid, or

   
   


4. 
   

   Confirm or uphold the EPO if the original order is justified and compliance is necessary.

   
   

The process under Section 36 ensures a balance between effective enforcement and the rights of the affected party. It also allows for transparency, as the Hearing Officer must provide reasons for any decision made on the representation.

By empowering the HO to act on representations, the law prevents misuse of enforcement authority and maintains public confidence in the PERA regulatory framework. Section 36 also complements Section 35 by ensuring that enforcement measures can be reviewed and adjusted, promoting fairness without compromising the law’s purpose to control public nuisances and protect environmental interests.

In conclusion, under Section 36 of the PERA Act 2024, the Hearing Officer has the authority to act on representations against an EPO, ensuring fair review, modification, cancellation, or confirmation of enforcement orders while maintaining accountability and compliance.